Hintsa Performance Terms of Service

15 Nov 2017  /  In Finnish

1. Implications of the Terms of Service

1.1. These Terms of Service (“Terms”) shall constitute an agreement between you as an end-user (“User”) of Hintsa Performance Ltd’s (“Hintsa Performance”) products and services (“Services”) and Hintsa Performance as the provider of the Services (“Service provider”). Hintsa Performance offers a range of Services directly to customers, via employers, and via channel partners. Our Services include but are not limited to personal coaching, remote coaching via digital tools, and digital wellbeing services. When taking any of our Services into use, you have actively given consent to our Terms of Service and the Hintsa Performance Privacy Policy (“Privacy Policy”) and accept them in full. These Terms apply to Hintsa Performance’s interactions with you and the Services listed in this document, as well as other Hintsa Performance Services that display these Terms.

1.2. The relationship between Hintsa Performance and its Customers is governed by a separate “Commercial Terms for Corporate Clients” document, or any other commercial agreement entered into force between Hintsa Performance and a Customer. The terms in these commercial agreements do not override the end-user Terms and Privacy Policy as given consent to by the User.

1.3. Hintsa Performance’s Services governed by these Terms include but are not limited to the following: Hintsa coaching services (Hintsa Individuals, Hintsa Teams), Hintsa remote coaching services (Better Life), Hintsa community services (HeiaHeia, HeiaHeia for Workplaces, HeiaHeia Pro Tools), Hintsa survey tools (Hintsa Insights), Parempi vire, Työvire, and Työyhteisövire, services provided by Hintsa Performance Ltd, and offered by Ilmarinen Mutual Pension Insurance Company (“Ilmarinen”) to its customers, and MarsMars, a service provided by Hintsa Performance Ltd, and offered by The Finnish Defence Forces (“FDF”) to any private individual.

2. Basic Terms

2.1. You are solely responsible for any activity that occurs under your user account. Store your login credentials securely. Choose a secure password (at least 10 characters, capital and non-capital letters, numbers and special characters) and change your password regularly. The service does not support 2-way authentication.

2.2. We require polite and decent behaviour from all our users: do not abuse, harass, threaten, impersonate or intimidate other Users or staff of Hintsa Performance or its partners or customers. If somebody doesn’t want to communicate with you, please respect her/his privacy.

2.3. You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all local laws (including but not limited to those relating to copyright and other intellectual property rights).

2.4. You may not modify, adapt or hack the Service.

2.5. You may not modify another product or service so as to falsely imply that it is associated with the Service.

2.6. You may not access the Service in any way with the purpose to obtain any information or materials through any means not purposely made available through the Service.

2.7. You may not attempt to gain unauthorised access to any part of the Service.

2.8. You may not probe, scan or test the vulnerability of any part of the Service, nor breach the security or authentication measures of the Service.

2.9. You may not trace, or attempt to trace any information on any User of or visitor to the Service.

2.10. You may not share any other User’s information shared to you via the Service outside the Service without their permission.

2.11. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service.

2.12. You may not to use any device, software, or method to interfere or attempt to interfere with the proper working of the Service.

2.13. You may not create or submit unwanted email or other forms of messages to any other Users.

2.13. You may not transmit any worms or viruses or any code of a destructive nature.

2.14. If we disable your account, you may not create another one without our permission.

Violation of any of these Basic Terms, or other conduct that is seen as malicious against other Users or the Service itself, will result in the termination of your account in the Service.

3. Registration and Account Security Terms

Our wish is that Users provide their real names and personal information. The following commitments apply regarding registering and maintaining the security of your account:

3.1. You will not provide any false or misleading personal information on the Service, or create an account for anyone other than yourself without permission.

3.2. You will not use your personal profile for your own commercial gain (such as selling your profile updates to an advertiser).

3.3. You will not use the Service if you are under 13. If your local legislation sets a higher age limit, that one applies.

3.4. You will keep your contact information accurate and up-to-date.

3.5. You will not share your password, let anyone else access your account, or do anything else that might risk the security of your account.

3.6. You will not transfer your account to anyone without first getting our written permission.

3.7. We reserve the right to remove or edit your personal details, if we have a valid reason to believe them to be inappropriate (such as when a trademark owner complains about a User’s name that does not closely relate to a User’s actual name; we do not actively moderate any user generated content).

4. General Conditions

4.1. We reserve the right to modify the Service at any time in our sole discretion. We will notify users over material changes in the Service.

4.2. We reserve the right to refuse service to anyone for any reason at any time.

4.3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

4.4. We do not pre-moderate any user generated content in the service. Users of the Service and other parties have the possibility to report inappropriate or possibly illegal content by contacting us at support@hintsa.com

4.5. You accept that you will have to pay for any and all network data charges (including but not limited to your Internet access charges and mobile data charges) that may incur when you use the Service. We may offer premium service features to Users: in this case, you have the option to decide, whether to subscribe to and pay for such premium services. We may or may not display and send to you targeted advertisements on or through the Service.

4.6. These Terms shall be governed by the laws of Finland and you submit to the exclusive jurisdiction of the Finnish courts.

4.7. If any of the provisions of these Terms are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms of Service, so that these Terms shall remain in full force and effect.

5. Copyright

5.1. We claim no ownership or intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the material in your profile and in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant the Service provider a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sub-license, and prepare derivative works of, such Content, in any format or medium now known or later developed, on and through the Service, subject to these Terms and our Privacy Policy. Specifically, but not limited to, you give the Service provider an irrevocable right to use the Content in anonymised data analysis for research purposes, the results of which may be made public. You represent and warrant that you have sufficient rights to grant this license. You can remove your profile at any time by deleting your account. This will also remove any data and images you have stored in your own profile, but will not remove data you have created to enrich other users’ profiles or team chats.

5.2. The Service provider undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

5.2.1. A physical or electronic signature of the copyright owner or the person authorised to act on its behalf;

5.2.2. A description of the copyrighted work claimed to have been infringed;

5.2.3. A description of the infringing material and information reasonably sufficient to permit the Service provider to locate the material;

5.2.4. Your contact information, including your address, telephone number, and email;

5.2.5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

5.2.6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorised to act on behalf of the copyright owner.

Claims can be sent by contacting us at support@hintsa.com

6. Limitation of Liability

6.1. The Service is made available to you for your convenience on an “as is” and “as available” basis. The Service Provider does not warrant or make any representations or warranties (including but not limited to merchantability, fitness for a particular purpose, satisfactory quality, reliability or non-infringement) regarding the use or the results of the use or the contents of the Service. You understand that the Service may have software “bugs” and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms, you specifically agree that the Service provider is not liable for any of the above issues.

6.2. The Service provider shall not be liable for any loss or damage, whether direct, indirect, special or consequential, arising out of the use of or the inability to use the service, or the results or the contents thereof, to the greatest extent permitted by law.

6.3. The Service provider shall not be liable for any health related problems (including but not limited to illness, injury, death) caused by sports activities, workouts, or any other actions inspired by or anyhow related to the Service. We advice you to consult a medical doctor, if you have any uncertainties regarding your health.

6.4. If you are dissatisfied with the Service, or have any other disputes or claims with or against the Service provider with respect to the Service or these Terms, then your sole and exclusive remedy is to discontinue using the Service.

7. Privacy

The Service provider has a Privacy Policy to explain and specify, what personal data is collected from you, and how your personal data is used. As a part of the Terms of Service, you as a User of the Service agree to our Privacy Policy, including collecting and processing personal information in a manner consistent with our Privacy Policy.

8. Modification of these Terms of Service

We are continuously developing the features and the functionality of the Service. We reserve the right to alter these Terms of Service at any time in our sole discretion. Updated Terms of Service come into force in the date of the latest update stated in the document. If the alterations constitute a material change to the Terms of Service, we will notify you via email in advance. What constitutes a “material change” will be determined at our sole discretion. Your sole remedy should you not agree with the altered Terms of Service shall be to close your account and to cease using the Service.